40.17.020 Civil Penalties for Violations

Any person who engages in the unauthorized handling, treatment, or disposal of solid waste, special waste or hazardous waste within the Reservation; who constructs or operates a solid, special or hazardous waste facility in violation of his facility permit; who constructs or operates a solid, special or hazardous waste facility without a facility permit; who transports solid, special or hazardous waste in violation of a solid waste transportation permit; who violates any requirements found in this Act or the Tribal Environmental Policy Act; or who violates any standard adopted by the Tribe and Compliance Officer for the handling, treatment or disposal of solid, special and hazardous waste shall be liable for:

(a) A civil penalty not to exceed fifteen thousand dollars ($15,000.00) each day for each violation, to be assessed by the Compliance Officer; or

(b) Alternatively, any person found guilty of violating any of the provisions under this Act may be required to provide not less than eight (8) hours, but not more than two hundred (200) hours of community service assisting the Solid Waste Program, Compliance Officer, or performing other kinds of community service designated by the SWMT.

(c) A penalty matrix shall be developed by the Compliance Officer for the range of penalties to be assessed in consideration of the severity of the violation and potential threat to public health or the Environment. The matrix shall be reviewed and approved by the Solid Waste Management Team.

Any person who commits any of the above prohibited acts may be subject to criminal penalties and also may be liable for any civil damages caused by the commission of such acts and may be excluded from the Reservation. Any person who commits any of the above prohibited acts, or whose employees or agents in the course of their employment or agency commit any of the above prohibited acts, may have its rights to engage in activities on the Reservation suspended or terminated.